Ms. Ellen Clements reports
NEW NADINA WINS LAND ISSUE
New Nadina Explorations
Ltd. has received a decision in its favour from the B.C. Supreme Court. The decision
relates to the rights of access on private property at the Silver Queen
property south of Houston, B.C., where a copper-moly-gold porphyry was
discovered in 2011.
The court has dismissed the petition brought by C. Donald Christmann and
0712249 B.C. Ltd., with costs payable to New Nadina. The petitioners sought
a judicial review of the Surface Rights Board decision of Sept. 4, 2013.
The petition was heard by the court in Kamloops on June 11, 2014. Among
other things, the petitioners were asking the court to declare that the
phrase "land under cultivation" in the Mineral Tenure Act (MTA) included
land that was lying fallow.
The court found that such an interpretation would go beyond the ordinary and
grammatical sense of the phrase in the context of overall legislative
scheme, and would be inconsistent with the intent of the legislature.
The court also stated that the legislation clearly allows New Nadina, as a
recorded mineral tenure holder with a permit under Section 10 of the Mines Act,
to enter private lands. The landowner may apply to the SRB for the settling
of entry conditions and compensation.
New Nadina has conducted three drill programs on this private land with all
disturbances being rectified, landscaped, and weeds pulled and seeded to the
highest level of standards as soon as possible. The company has made
considerable concession so as not to interfere with any of the landowner's
activities.
A full copy of the decision document will be made available on the company
website, and history references to this landowner can be viewed under the
section, "Mineral project activity, Silver Queen property," listed in the management discussion and analysis dated July 28, 2014.
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